Last month, a judge ruled that Spanier and two senior administrators will face trial on obstruction of justice and other charges related to the scandal.
State prosecutors allege that Spanier, former Athletic Director Tim Curley and former Senior Vice President Gary Schultz all knew about two allegations made against Sandusky in 1998 and in 2001, but lied about their knowledge when a grand jury convened several years later.
All three men have pleaded not guilty to the charges against them.
Victim 5 might testify in their trials, his lawyer said. He was assaulted shortly after the incident McQueary witnessed in the same location -- an act that could have been prevented had proper reporting taken place, Kline said.
"The incident that involved my client could have and should have been stopped," Kline said.
Attorneys for the three claim there is no evidence of a cover-up. Yet prosecutors characterized their actions as a conscious decision not to call police.
"There was a conspiracy of silence," prosecutor Bruce Beemer said during the July hearing. "They are not relieved of criminal responsibility because their conspiracy worked for 10 years."